Soldano

Does a business establishment incur liability for wrongful death if it denies use of its telephone to a good Samaritan who explains an emergency situation occurring without and wishes to call the police?

This appeal follows a judgment of dismissal of the second cause of action of a complaint for wrongful death upon a motion for summary judgment. The motion was supported only by a declaration of defense counsel. Both briefs on appeal adopt the defense averments:

“Plaintiff alleges that on the date of the shooting, a patron of Happy Jack’s Saloon came into the Circle Inn and informed a Circle Inn employee that a man had been threatened at Happy Jack’s. He requested the employee either call the police or allow him to use the Circle Inn phone to call the police. That employee allegedly refused to call the police and allegedly refused to allow the patron to use the phone to make his own call. Plaintiff alleges that the actions of the Circle Inn employee were a breach of the legal duty that the Circle Inn owed to the decedent.” We were advised at oral argument that the employee was the defendant’s bartender. The state of the record is unsatisfactory in that it does not…